Heard learned counsel for both sides.

2.     Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in  brief is that the  complainant has purchased  a vehicle bearing Registration No. OD 16C 9035 by incurring loan from OP Nos.1 and 2 on the condition to repay the same on instalment basis. Due to illness of the complainant,  he could not repay the EMIs regularly for which the vehicle has been seized without notice. Thereafter, he challenged the seizure of the vehicle and filed the complaint.

4.     OP filed written version stating that in accordance with the agreement, they have taken the step and seized the vehicle. Therefore, they have no any deficiency in service on their part.

5.     After hearing both sides, learned District Forum passed the following impugned order:-

                             “xxx   xxx   xxx

          Today the case is fixed for hearing on admission. The complainant is absent today on call. No step taken on his behalf. The Forum has given sufficient opportunities to the complainant for hearing on admission to the case. After availing sufficient opportunities the complainant is absent today. On the other hand 21 days has been elapsed the complainant could not turned up to proceed with his case.

Accordingly the above facts and circumstances the complaint petition  is dismissed for default.

Accordingly the case is disposed of as default.”

6.     Learned counsel for the appellant submitted that as the complainant was seriously ill, he could not take step for which the complaint was dismissed for default.  He further submitted that if opportunity is given to restore the case, the case can be disposed of on merit.

7.     Learned counsel for the respondent opposed the move.
8.     Considered the submission of learned counsel for  respective parties and perused the DFR including the impugned order.

9.     In view of the fact as alleged by the complainant, we allow the appeal and restore the complaint to file with a direction to the learned District Commission to hear the complaint on admission and accordingly go ahead to dispose of the same. In the event it is within the statutory period as prescribed under the Act. The learned District Commission is directed to give  opportunities to the OP to file written version, if any  and also both parties to file evidence  and dispose of the case in accordance with law within 60 days from the date of receipt of this order. Both parties are directed to appear before the learned District Commission on 02.9.2022 to receive further instruction from it. NO cost.

           DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.